The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the court below's punishment (ten months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service, and forty hours of order to attend lectures) is too unreasonable; and

2. The judgment is disadvantageous to the fact that the defendant has a record of being punished for drunk driving, the danger of drunk driving and the social harm caused thereby, etc.

However, there are more favorable circumstances, such as the fact that the defendant recognizes the crime of this case and reflects on it, and that the defendant sold the vehicle owned by the defendant for more than 50 hours, and that it seems that the time to see his mistake once again through volunteer activities, and that the defendant has hardened to lead a sincere life as a healthy member of society after the job seeking without driving alcohol, and that there is a need to give the opportunity for opening the vehicle last.

In full view of these circumstances and the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the court below's punishment is somewhat inappropriate.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44(1) of the Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Many circumstances are examined prior to the sentencing of Article 334(1) of the Criminal Procedure Act.